LUMMA

I 116TH CONGRESS 1ST SESSION H. R. 171 To provide for the legitimate use of medicinal marihuana in accordance with the laws of the various States. IN THE HOUSE OF REPRESENTATIVES JANUARY 3, 2019 Mr. GRIFFITH introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for the legitimate use of medicinal marihuana in accordance with the laws of the various States. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Legitimate Use of Me- 4 dicinal Marihuana Act’’ or the ‘‘LUMMA’’. 5 SEC. 2. SCHEDULING OF MARIHUANA; PRESCRIPTIONS. 6 (a) SCHEDULE.—Marihuana is moved from schedule 7 I of the Controlled Substances Act to schedule II of such 8 Act. 9 (b) PRESCRIPTION.— 10 VerDate Sep 11 2014 02:23 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H171.IH H171 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 171 IH (1) IN GENERAL.—In a State in which mari- 1 huana may be prescribed by a physician for medical 2 use under applicable State law, no provision of the 3 Controlled Substances Act (21 U.S.C. 801 et seq.) 4 or of the Federal Food, Drug, and Cosmetic Act (21 5 U.S.C. 301 et seq.) shall prohibit or otherwise re- 6 strict— 7 (A) the prescription of marihuana by a 8 physician for medical use; 9 (B) an individual who is an authorized pa- 10 tient from obtaining, possessing, transporting 11 within the individual’s State, or using mari- 12 huana for that individual’s medical use; 13 (C) an individual authorized under State 14 law to obtain, possess, transport within their 15 State, or manufacture marihuana, from obtain- 16 ing, possessing, transporting within that State, 17 or manufacturing marihuana pursuant to that 18 authorization; or 19 (D) a pharmacy or other entity authorized 20 under State law to distribute medical mari- 21 huana to an authorized patient, from obtaining 22 or possessing marihuana for that purpose, or 23 from distributing marihuana to an authorized 24 patient for medical use. 25 VerDate Sep 11 2014 02:23 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H171.IH H171 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 171 IH (2) PRODUCTION.—No provision of the Con- 1 trolled Substances Act (21 U.S.C. 801 et. seq.) or 2 of the Federal Food, Drug, and Cosmetic Act (21 3 U.S.C. 301 et seq.) shall prohibit or otherwise re- 4 strict an entity authorized by a State, in which mari- 5 huana may be prescribed by a physician for medical 6 use, for the purpose of producing marihuana for pre- 7 scription by a physician for medical use, from pro- 8 ducing, processing, or distributing marihuana for 9 such purpose. 10 SEC. 3. DEFINITIONS. 11 In this Act— 12 (1) the term ‘‘authorized patient’’ means an in- 13 dividual using marihuana in accordance with a pre- 14 scription of marihuana by a physician for medical 15 use; 16 (2) the term ‘‘physician’’ means a practitioner 17 of medicine, who— 18 (A) graduated from a college of medicine 19 or osteopathy; and 20 (B) is licensed by the appropriate State 21 board; 22 (3) the term ‘‘prescription’’ means an instruc- 23 tion written by a medical physician in accordance 24 VerDate Sep 11 2014 02:23 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H171.IH H171 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 171 IH with applicable State law that authorizes a patient 1 to be issued with a medicine or treatment; and 2 (4) the term ‘‘State’’ includes the District of 3 Columbia, Puerto Rico, and any other territory or 4 possession of the United States. 5 SEC. 4. RELATION OF ACT TO CERTAIN PROHIBITIONS RE- 6 LATING TO SMOKING. 7 This Act does not affect any Federal, State, or local 8 law regulating or prohibiting smoking in public. 9 Æ VerDate Sep 11 2014 02:23 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H171.IH H171 pamtmann on DSKBFK8HB2PROD with BILLS